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Monday, February 27, 2017

Sean Sphincter: Censoring Coverage! Darn that FIRST AMENDMENT!

TRUMPERS: FIRST AMENDMENT?

SIMPLE!

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

White House bars major news outlets from informal briefing

News organizations including The New York Times, the Los Angeles Times, CNN and Politico were blocked from joining an informal, on-the-record White House press briefing Friday.

The Associated Press chose not to participate in the briefing after White House press secretary Sean Spicer restricted the number of journalists included. Typically, the daily briefing is televised and open to all news organizations credentialed to cover the White House.

"The AP believes the public should have as much access to the president as possible," Lauren Easton, the AP's director of media relations, said in a statement.

On Friday, hours after President Donald Trump delivered a speech blasting the media, Spicer invited only a pool of news organizations that represents and shares reporting with the larger press corps. He also invited several other major news outlets, as well as smaller organizations including the conservative Washington Times, One America News Network and Breitbart News, whose former executive chairman, Steve Bannon, is Trump's chief strategist. When the additional news organizations attempted to gain access, they weren't allowed to enter.

The White House said it felt "everyone was represented" by those in the pool and the invited organizations.

"We decided to add a couple of additional people beyond the pool. Nothing more than that," said White House spokeswoman Sarah Sanders.

When asked by a reporter attending whether he was playing favorites, Spicer said the White House had "shown an abundance of accessibility," according to an audio recording of the briefing later circulated by the pool.

The pool included Reuters, Bloomberg, CBS, Hearst Newspapers and CBS Radio. Others in the briefing were Fox, NBC and ABC. Bloomberg reported that its reporter was unaware of the exclusions until after the briefing.

John Roberts, Fox's chief White House correspondent, told anchor Shepard Smith on the air Friday that Fox supports complaints being filed by the White House Correspondents Association and pool TV networks.

"You can speculate, Shep, that there might be some extenuating circumstances as to why those people were not invited, we're going to look into that further...." Roberts said.

In a statement, the correspondent association's president, Jeff Mason, said the group was "protesting strongly" against how the briefing was handled by the White House.

CBS News said in a statement that it was the pool's radio and TV outlet Friday.

"We recorded audio of this event and quickly shared it out of an obligation to protect the interests of all pool members," the news division said.

When Spicer was asked by a reporter at the briefing whether he was playing favorites, he said he "disagreed with the premise of the question," according to the audio.

"We've brought more reporters into this process. And the idea that every time that every single person can't get their question answered or fit in a room that we're excluding people. We've actually gone above and beyond with making ourselves, our team, and our briefing room more accessible than probably any prior administration. And so I think you can take that to the bank.

"We do what we can to accommodate the press. I think we've gone above and beyond when it comes to accessibility, and openness and getting folks — our officials, our team."

During a panel discussion last December, Spicer said that open access for the media is "what makes a democracy a democracy versus a dictatorship."

Reaction to Friday's events from the barred outlets and others was swift.

Davan Maharaj, editor-in-chief and publisher of the Los Angeles Times, called the newspaper's exclusion "unfortunate."

"The public has a right to know, and that means being informed by a variety of news sources, not just those filtered by the White House press office in hopes of getting friendly coverage," Maharaj said in a statement. "Regardless of access, the Times will continue to report on the Trump administration without fear or favor."

Dean Baquet, executive editor of The New York Times, said that "nothing like this has ever happened at the White House in our long history of covering multiple administrations of different parties. We strongly protest the exclusion of The New York Times and the other news organizations. Free media access to a transparent government is obviously of crucial national interest."

CNN's Jake Tapper took aim at the White House as he kicked off "The Lead with Jake Tapper" hours after the briefing.

"A White House that has had some difficulty telling the truth and that has seemed to have trouble getting up to speed on the basic competent functioning of government, and a president who seems particularly averse to any criticism and has called the press the enemies of the American people — they're taking the next step in attempting to avoid checks and balances and accountability.

"It's not acceptable. In fact, it's petulant, and indicative of a lack of basic understanding of how an adult White House functions," Tapper said.

The Committee to Protect Journalists also condemned the move by the White House.

"We are concerned by the decision to bar reporters from a press secretary briefing," CPJ Executive Director Joel Simon said in a statement. "The U.S. should be promoting press freedom and access to information."

First Amendment

First Amendment: An Overview

The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. See U.S. Const. amend. I. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Furthermore, the Court has interpreted, the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendmentfrom interference by state governments. See U.S. Const. amend. XIV.

Two clauses in the First Amendment guarantee freedom of religion. The establishment clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the "separation of church and state." Some governmental activity related to religion has been declared constitutional by the Supreme Court. For example, providing bus transportation for parochial school students and the enforcement of "blue laws" is not prohibited. The free exercise clause prohibits the government, in most instances, from interfering with a person's practice of their religion.

The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech. A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. For more on unprotected and less protected categories of speech see advocacy of illegal action, fighting words, commercial speech and obscenity. The right to free speech includes other mediums of expression that communicate a message. The level of protection speech receives also depends on the forum in which it takes place.

Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.

The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The Supreme Court has expressly recognized that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. This implicit right is limited to the right to associate for First Amendment purposes. It does not include a right of social association. The government may prohibit people from knowingly associating in groups that engage and promote illegal activities. The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual's current or past membership in a particular group. There are exceptions to this rule where the Court finds that governmental interests in disclosure/registration outweigh interference with first amendment rights. The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups.

The right to petition the government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through the courts (litigation) or other governmental action. It works with the right of assembly by allowing people to join together and seek change from the government.